Negotiating the Legal Landscape of Labor Unions: The NLRB, Collective Bargaining, Enforcing the Collective Bargaining Agreement and Navigating Unfair Labor Practice Charges

James R. Hays | Sheppard Mullin

James Hays is a partner in the Labor and Employment Practice Group in the firm’s New York office and is a team leader of the firm’s Traditional Labor Law Team.

James’ practice focuses on management labor and employment law. He represents clients in collective bargaining negotiations, labor arbitrations, and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board. He also represents clients in employment litigation in federal and state courts, as well as various arbitration forums, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the United States Department of Labor, and state agencies throughout the United States.

James advises and has represented clients in litigation concerning breach of non-compete agreements and theft of trade secrets. He advises employers on strategies for handling workplace harassment, internal investigations, reductions in staff, discipline and termination actions, and wage and hour issues. James devotes significant time to the defense of complex wage and hour class action litigation. He regularly counsels clients on preparation and administration of personnel policies and employment strategies and compliance with WARN, FMLA, ADA, COBRA and other federal and state labor statutes.

John S. Bolesta | Sheppard Mullin

John Bolesta is special counsel in the Labor and Employment Practice Group in the firm’s Washington, D.C. office.

John represents management in labor and employment litigation
matters. He represents clients in numerous industries during union organizing attempts and litigation before the National Labor Relations Board, contract negotiation, and labor arbitrations. Additionally, he advises clients on best practices in employee relations and the development of comprehensive labor strategies to preserve the ability to maintain direct relationships with employees.

John counsels clients on all aspects of federal, state and local equal employment opportunity and fair employment practices laws and regulations, and he regularly advises clients on confidentiality, trade secrets, non-solicitation and non-compete matters. Moreover, he represents clients in whistleblower matters under a broad range of statutes, including the Occupational Safety and Health Act, the Surface Transportation Assistance Act, the Toxic Substances Control Act and the Clean Air Act. His experience ranges from conducting investigations and developing position statements to litigating whistleblower cases before administrative law judges and in court.

John develops and presents to employer and other groups on topics related to labor and employment law, including maintaining a union free environment, privacy in the workplace, sexual harassment, occupational safety and health, implementation of substance abuse policies and discrimination in the workplace. Further, he is routinely called upon to draft employment policies, handbooks and employment-related contracts. In addition to his labor and employment experience, he also assists clients extensively in commercial litigation disputes.

I. The National Labor Relations Act and Board | 1:00pm – 1:30pm

II. Preparing for and Developing a Successful Strategy for Collective Bargaining | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Enforcing the Collective Bargaining Agreement | 2:10pm – 2:40pm

IV. Investigating and Responding to Unfair Labor Practice Charges | 2:40pm – 3:10pm